KARACHI, Feb 23: A division bench of High Court of Sindh, comprising Justice Sabihuddin Ahmed and Justice Khilji Arif Hussain, on Wednesday advised the Sindh government to replace the EDO Education for Karachi region by a well qualified officer.

The advice came in a judgement by which the bench disposed of a constitutional petition filed by the sacked EDO Education, Gul Mohammad Hajano, against appointment of Aijaz Ali Khan, an officer of the district management Group (DMG) as EDO of Education.

The petitioner maintained that the post was required to be filled by another officer from education cadre and not from any other cadre of the government. Appearing in person, former EDO Gul Mohammad Hajano contended that since previous four decades and more formerly inspector of schools was appointed from school cadre and senior-most headmaster was given the job being well versed with the cadre. Never before a person from outside was appointed as EDO Education.

Citing a number of rules and regulations and SLGO, he maintained that appointment/posting of a DMG officer as EDO Education is illegal and detrimental to the cause of education. The petitioner maintained that his removal was illegal as being senior-most officer in BPS 20, he deserves to continue as EDO, Education.

Advocate General Sindh, Anwar Mansoor Khan, appearing for the state, submitted that most efficient officer was posted as EDO who has taken a number of measures to streamline the functioning of the directorate of school education.

The bench, however, after hearing the sides at great length disposed of the petition by an order spreading over more than four pages. "The respondent 1 and 2 (Sindh government and Chief Secretary Sindh) are well advised to appoint a well qualified person well before expiry of six months from the date respondent (Aijaz Ali Khan) took charge as EDO, Education," the bench said in its order.

The incumbent EDO was appointed as EDO Education on Oct 1, 2004 and took charge of office on Oct 4, 2004. The same bench also adjourned the hearing of two other constitutional petitions filed by Gul Muhammad Hajano against the denationalization of St Joseph's College for Women and St. Patrick's College, ordering that same be placed before Chief Justice of High Court of Sindh (SHC) for appropriate orders.

The order came as petitioner appearing in person informed the bench that another constitutional petition filed by the teachers of St. Patrick's College is being heard by a bench, comprising Chief Justice Saiyed Saeed Ashhad and Justice Maqbool Baqer.

BAIL CANCELLED The Sindh High Court, cancelling the bail of an accused in a murder case, ordered the registrar of the Sindh High Court to take disciplinary action on the administrative side against the additional district and sessions judge West, Gulshan Ara Chandio, for showing keen interest in granting the bail.

SHC's single bench, comprising Justice Mohammad Afzal Soomro, issued these orders while disposing of a miscellaneous application filed by Noor Khan, seeking cancellation of bail to Fazal Qaudus, who is charged with killing his uncle Lutfi Khan in Mochko on April 9, 2003.

According to the prosecution, the accused was caught red-handed while committing the murder of the deceased. The court expressed astonishment over the grant of bail to the accused by the trial court when he was arrested red-handed by the area people at the place of the incident.

"How the trial judge dared to grant bail in a case where murder was committed in daylight that too at a public place," Justice Soomro observed. Canceling the bail to the accused, the court also directed the trial court judge to assure his arrest.

The ADJ West Karachi, granting the bail to the accused, had ordered his release on bail with a surety of Rs3,00,000 on Sept 9, 2004. Bail dismissed: Justice Mohammad Afzal Soomro of the Sindh High Court on Wednesday dismissed bail application of man in a rape case with directives to the trial court to decide the matter of the applicant within three months.

Khawar Masih was arrested for assauling Marina Khan,10, on March 30, 2004, in Dhabeji area, Thatta. He was booked under section 10 (3) of the Hudood Ordinance.

ORDER RESERVED: An appellate bench of the High Court of Sindh for accountability courts on Wednesday reserved orders in a pre-arrest interim bail plea filed by Haji Adam Jokhiyo, an alleged land-grabber.